South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

TUESDAY, MAY 10, 1988

Tuesday, May 10, 1988(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty and gracious God, always more ready to hear our prayers than we to pray, we thank You for Your constant presence to bless us in keeping with Your Divine knowledge of our needs. Accept our humble and sincere gratitude for being ever present to supply our every need whatever our circumstance or condition.

In this sure confidence in Your all-sufficiency, we ask Your special blessings upon CONGRESSMAN FLOYD SPENCE. Be for him, we pray, the Great Physician, touching him with Your healing hand, using the skills and expertise of the medical people, to restore him to his wanted and normal good health.

In the same way keep us all in Your sheltering care giving us stamina for our tasks as we perform in a way acceptable to You and for the welfare of Your people.

We pray in the Name of our Master Whose all-knowing presence and unlimited power are always available to those who will claim them in trust.

Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

The Department of Highways and Public Transportation is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Vehicle Inspection. These regulations have been referred to the Committee on Education and Public Works.

Sincerely,
Robert J. Sheheen

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1122:S. 1122 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HAVE BUCKSHOT OR ANY SHOT LARGER THAN NUMBER FOUR OR ANY RIFLE AMMUNITION OF A GREATER CALIBRE THAN TWENTY-TWO AND A WEAPON CAPABLE OF FIRING THE AMMUNITION IN POSSESSION OR HAVE IMMEDIATE ACCESS TO ANY OF THEM WHILE USING ARTIFICIAL LIGHTS HUNTING AT NIGHT, TO PROVIDE PENALTIES, AND TO DELETE A REFERENCE TO PRIMA FACIE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4101:H. 4101 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 40-47-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO CHANGE CERTIFICATION REQUIREMENTS OF A RESPIRATORY CARE PRACTITIONER AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-625 SO AS TO ALLOW THE ISSUANCE OF A TEMPORARY CERTIFICATE TO A RESPIRATORY CARE PRACTITIONER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1371:S. 1371 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE OR BONDING REQUIREMENTS IN ORDER FOR MOTOR VEHICLE CARRIERS TO BE ISSUED A CERTIFICATE BY THE PUBLIC SERVICE COMMISSION, SO AS TO PERMIT A CARRIER TO FURNISH THE COMMISSION WITH A CERTIFICATE OF SELF-INSURANCE FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1287:S. 1287 -- Senators Bryan, J. Verne Smith, Thomas, Stilwell and Mitchell: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEFINE "INTENSIVE RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND YOUTH" AND ADD THOSE FACILITIES TO THE FACILITIES INCLUDED IN THE DEFINITION OF HEALTH CARE FACILITY AND HOSPITAL AND TO DEFINE "BEHAVIORALLY IMPAIRED CHILDREN".
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1163:S. 1163 -- Senator Drummond: A BILL TO AMEND CHAPTERS 11 AND 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME AND THE COASTAL FISHERIES LAWS, SO AS TO RESTRUCTURE THE CONTENTS OF THE CHAPTERS AND REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING THE HUNTING, TRAPPING, AND PROTECTION OF ANIMALS AND GAME AND THE REGULATION OF COASTAL FISHERIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1062:S. 1062 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 434:S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

S. 1159--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 5, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 1159:S. 1159 -- Senators Fielding and McConnell: A BILL TO AMEND SECTION 6-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING POWER FOR ZONING TO MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE THAT THEY HAVE THE AUTHORITY TO PROVIDE FOR THE PRESERVATION AND PROTECTION OF TREES.
Very respectfully,
President

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. AYDLETTE, WILKINS and HAYES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

R. 584, H. 4131--GOVERNOR'S VETO--DEBATE ADJOURNED

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

May 9, 1988
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4131, R-584, an Act:
TO AMEND ACT 149 OF 1965, CREATING THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.

This veto is based upon an opinion of the Attorney General's Office, a copy of which is enclosed, which states in concluding that the Act is of doubtful constitutionality:
"H. 4131, R-584, amends Act No. 149 of 1965 to enlarge the service area of the Dalzell Water District. An examination of the service area delineated in the act, on a general highway map of Sumter County, shows the entire service area to be located within Sumter County. Thus, H. 4131, R-584, of 1988 is clearly an act for a specific county. Article VIII, Section 7, of the Constitution of the State of South Carolina provides that '(n)o laws for a specific county shall be enacted.' Acts similar to H. 4131, R-584, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

"In addition, it must be noted that Article III, Section 34 of the State Constitution prohibits the enactment of special or local laws. Section 34(IX) particularly provides, 'where a general law can be made applicable, no special law shall be enacted.' A general law, Section 6-11-410 et seq. of the Code of Laws of South Carolina (1976), already provides a mechanism whereby the boundaries of a district such as the Dalzell Water District may be enlarged. H. 4131, R-584, is therefore constitutionally suspect on this basis, as well."

By your letter of May 9, 1988, you have asked for the opinion of this Office as to the constitutionality of H. 4131, R-584, an act enlarging the service area of the Dalzell Water District of Sumter County. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

H. 4131, R-584 amends Act. No. 149 of 1965 to enlarge the service area of the Dalzell Water District. An examination of the service area delineated in the act, on a general highway map of Sumter County, shows the entire service area to be located within Sumter County. Thus, H. 4131, R-584 of 1988 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "(n)o laws for a specific county shall be enacted." Acts similar to H. 4131, R-584 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

In addition, it must be noted that Article III, Section 34 of the State Constitution prohibits the enactment of special or local laws. Section 34(IX) particularly provides, "where a general law can be made applicable, no special law shall be enacted." A general law, Section 6-11-410 et seq. of the Code of Laws of South Carolina (1976), already provides a mechanism whereby the boundaries of a district such as the Dalzell Water District may be enlarged. H. 4131, R-584 is therefore constitutionally suspect on this basis, as well.

Based on the foregoing, we would advise that H. 4131, R-584 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistant Attorney General

Rep. HOLT moved to adjourn debate upon the Veto until Wednesday, May 11, which was adopted.

SENATE AMENDMENTS CONCURRED INAND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4029 -- Rep. J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-630 SO AS TO PROVIDE THAT AN AUTOMOBILE LIABILITY INSURANCE POLICY MAY NOT BE CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY UNLESS IT IS ACCOMPANIED BY A RENEWAL NOTICE OR A MOTOR VEHICLE REPORT ISSUED WITHIN SIXTY DAYS OF THE DATE OF THE BINDER AND THE FULL, PROPER PREMIUM.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORT OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Be it resolved by the House of Representatives, the Senate concurring:

That the State Board for Technical and Comprehensive Education is requested to name the Learning Resource Center at Florence-Darlington Technical College "The Fred C. Fore Learning Resource Center".

Be it further resolved that a copy of this resolution be forwarded to the Executive Director for the State Board for Technical and Comprehensive Education.

The Concurrent Resolution was adopted and ordered sent to the Senate.

REPORT OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4240 -- Reps. M.O. Alexander, McLellan, Mappus, Blackwell and T.C. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REVISE ITS UNIFORM TRAFFIC ACCIDENT REPORT FORM (FORM TR-310), SO AS TO REINSERT APPROPRIATE SPACES FOR INFORMATION TO BE ENTERED CONCERNING THE INSURANCE COVERAGE OF ALL PARTIES INVOLVED IN THE ACCIDENT.

H. 4240--ADOPTED AND SENT TO THE SENATE

On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4240 -- Reps. M.O. Alexander, McLellan, Mappus, Blackwell and T.C. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REVISE ITS UNIFORM TRAFFIC ACCIDENT REPORT FORM (FORM TR-310), SO AS TO REINSERT APPROPRIATE SPACES FOR INFORMATION TO BE ENTERED CONCERNING THE INSURANCE COVERAGE OF ALL PARTIES INVOLVED IN THE ACCIDENT.

Whereas, it has come to the attention of the members Or the General Assembly that the Department of Highways and Public Transportation in January of 1988 when revising Form TR-310, the South Carolina Uniform Traffic Accident Report Form for investigating officers, deleted spaces where information concerning the insurance coverage of the parties involved in the accident was inserted; and

Whereas, the members of the General Assembly believe that it is vital and necessary that each party involved in an accident receives insurance information concerning the coverage of other parties involved in the accident in order to adequately protect their rights and remedies; and

Whereas, the members of the General Assembly, by this resolution, call on the department to revise this form to reinsert this necessary insurance information. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request the Department of Highways and Public Transportation to revise its Uniform Traffic Accident Report Form (Form TR-310), so as to reinsert appropriate spaces for information to be entered concerning the insurance coverage of all parties involved in the accident.

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.

The Concurrent Resolution was adopted and ordered sent to the Senate.

REPORT OF STANDING COMMITTEE

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 134 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-34 SO AS TO AUTHORIZE THE GOVERNING BODY OF EACH COUNTY TO ESTABLISH A COUNTY COURT LIBRARY AND TO AUTHORIZE THE FUNDING OF THE LIBRARY BY MEANS OF A COURT COST ASSESSED ON CRIMINAL BOND FORFEITURES AND FINES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4247 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. JAKE BUDDIN OF CLARENDON COUNTY UPON BEING NAMED THE "OUTSTANDING YOUNG AMERICAN" IN THE AREA OF COMMUNITY SERVICE FOR 1988 BY THE SOUTH CAROLINA JAYCEES.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4248 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. RUTH JONES KING OF CLARENDON COUNTY AND EXPRESSING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1488 -- Senator Horace C. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THE COMMITMENT AND OUTSTANDING CONTRIBUTIONS MADE BY CORRECTIONAL OFFICERS AND CONVEY THE APPRECIATION AND CONGRATULATIONS OF THE GENERAL ASSEMBLY ON BEHALF OF THE CITIZENS OF SOUTH CAROLINA FOR THE EXEMPLARY CONDUCT AND DEDICATED PROFESSIONAL SERVICE OF CORRECTIONAL OFFICERS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1489 -- Senator Applegate: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 11, 1988, IMMEDIATELY FOLLOWING CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE MARCH OF DIMES AS THE TIME TO FILL THE SEATS ON THE OLD EXCHANGE BUILDING COMMISSION, THE TERMS FOR WHICH EXPIRE IN 1988.

Be it resolved by the Senate, the House of Representatives concurring:

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House at twelve o'clock noon on Wednesday, May 11, 1988, immediately following the celebration of the fiftieth anniversary of the March of Dimes for elections to fill the seats on the Old Exchange Building Commission, the terms for which expire in 1988.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1490 -- Senators Waddell, Dennis, Lindsay and Saleeby: A CONCURRENT RESOLUTION CONGRATULATING MR. HENRY J. CAUTHEN OF COLUMBIA UPON BEING RECOGNIZED AS THE NATION'S OUTSTANDING PUBLIC TELEVISION MANAGER DURING PUBLIC TELEVISION'S ANNUAL MEETING, AND COMMENDING HIM FOR THE EXCELLENT SERVICE HE HAS RENDERED THE STATE AS PRESIDENT AND GENERAL MANAGER OF SOUTH CAROLINA EDUCATIONAL TELEVISION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 4249 -- Reps. Wells, Cole, Davenport, Edwards, Ferguson, Lanford, McGinnis and Petty: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS, FACULTY, AND ADMINISTRATORS OF WOODLAND HEIGHTS ELEMENTARY SCHOOL OF SPARTANBURG DISTRICT 6 IN SPARTANBURG COUNTY ON ITS TWENTY-FIFTH ANNIVERSARY OF SERVICE TO THE SPARTANBURG COMMUNITY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.

Rep. LOCKEMY moved to return the Bill to Legislative Council, which was agreed to.

S. 890--DEBATE ADJOURNED

The following Bill was taken up.

S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.

Rep. MAPPUS proposed the following Amendment No. 1 (Doc. No. 3488J).

Amend the bill, as and if amended, in Section 38-77-165, as contained in SECTION 5, page 3, by inserting before /coverage/ on line 36 /liability/.

Amend title to conform.

Rep. MAPPUS explained the amendment.

Rep. J. BRADLEY moved to adjourn debate upon the Bill until Thursday, May 12, which was adopted.

H. 3742--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3402J), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-l-221. (A) There is created an advisory board composed of thirteen members. One member must be selected by the commissioner of the Department of Health and Environmental Control from his staff, ten members must be appointed by the South Carolina Medical Association, and two members must be appointed by the South Carolina Optometric Association. The member selected by the commissioner of the Department of Health and Environmental Control must be the administrative officer of the advisory board. To the maximum extent possible, the members of the board appointed by the South Carolina Medical Association and the South Carolina Optometric Association must be representative of the disciplines of the medical and optometric community treating the mental or physical disabilities that may affect the safe operation of motor vehicles. The identity of physicians and optometrists serving on the board, other than the administrative officer, may not be disclosed except as necessary in proceedings under Sections 56-1-370 or 56-1-410. The members of the board may receive no compensation.

(B) The board shall advise the executive director of the department on medical criteria and vision standards relating to the licensing of drivers.

(C) Having cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, the department may obtain the advice of the board. The board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the board or any other qualified person it may designate. The additional examination is at the expense of the applicant or licensed driver. The licensed driver or applicant may cause a written report to be forwarded to the board by a physician or optometrist of his choice, and it must be given consideration by the board.

(D) Members of the board and other persons making examinations are not liable for their opinions and recommendations presented pursuant to subsection (C).

(E) Reports received or made by the board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the board and the department and may not be divulged to a person or used as evidence in a trial except that the reports may be admitted in proceedings under Sections 56-1-370 and 56-1-410, and a person conducting an examination pursuant to subsection (C) may be compelled to testify concerning his observations and findings in those proceedings."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1127--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1127 -- Senators Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, May 4, by Rep. WILKINS.

Amend the bill, as and if amended, by striking the first paragraph of Section 50-1-85 of the 1976 Code as contained in SECTION 1 and inserting:

/It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner. Criminal negligence is defined as the reckless disregard for the safety of others./

Amend title to conform.

Reps. FOXWORTH and HOLT proposed the following Amendment No. 4, which was adopted.

Amend as and if amended, Section 50-1-85 as contained in Section 1 by adding a new paragraph at the end of read:

"All monetary penalties shall be remitted to the South Carolina Victims Compensation Fund."

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3683--DEBATE ADJOURNED

Rep. McBRIDE moved to adjourn debate upon the following Bill until Tuesday, May 17, which was adopted.

H. 3683 -- Rep. Fair: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE TERM MOPED TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND TO PROVIDE PENALTIES FOR VIOLATIONS.

S. 1006--OBJECTION, AMENDED AND ORDEREDTO THIRD READING

The following Bill was taken up.

S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION. After the 1988 session of the General Assembly nothing may be designated as an official state emblem, animal, or other thing such as is listed in Article 9, Chapter 1, of Title 1 of the 1976 Code unless the bill designating it receives the vote of ninety-three members of the House of Representatives and thirty-five Senators./

Renumber sections to conform.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 708 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO ESTABLISH A NO WAKE ZONE ON THE CONGAREE RIVER SOUTH OF THE CITY OF COLUMBIA BETWEEN THE OLD GOVERNMENT LOCKS AND THE CITY OF CAYCE PUMPING STATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ERECT SIGNS INFORMING THE BOATING PUBLIC OF THE NO WAKE ZONE.

Rep. FOXWORTH explained the Bill.

Rep. KLAPMAN moved to adjourn debate upon the Bill until Tuesday, May 17, which was adopted.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 4086 -- Rep. Pearce: A BILL TO AMEND CHAPTER 2, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "SOUTH CAROLINA COORDINATE ACT", SO AS TO ESTABLISH THE STATE AS ONE ZONE INSTEAD OF DIVIDING IT INTO A NORTH AND SOUTH ZONE AND TO MAKE ADJUSTMENTS IN THE COORDINATE SYSTEM, MAPPING, AND GEODETIC DATA DISSEMINATION.

S. 683 -- Senators Lourie, Courson, Giese and Patterson: A BILL TO PROVIDE THAT THE GOVERNING BODY OF ANY RECREATION DISTRICT THAT HAS AUTHORITY TO ISSUE REVENUE BONDS IS AUTHORIZED TO ISSUE ADDITIONAL REVENUE BONDS UNDER CERTAIN CONDITIONS.

Rep. McABEE explained the Bill.

S. 962 -- Senator Powell: A BILL TO AMEND SECTIONS 9-1-470 AND 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF MEMBERSHIP IN THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT ANY NONPROFIT CORPORATION CREATED UNDER THE PROVISIONS OF CHAPTER 35 OF TITLE 33, FOR THE PURPOSES OF SUPPLYING WATER AND SEWER, IS ELIGIBLE FOR MEMBERSHIP IN THE SYSTEM AND PROVIDE THAT IF THE CORPORATION BECOMES A MEMBER OF THE SYSTEM, ITS EMPLOYEES SHALL JOIN THE SYSTEM AS A CONDITION OF EMPLOYMENT.

S. 1264 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 850, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1312 -- Finance Committee: A BILL TO AMEND SECTION 6-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO INVEST MONEY IN REPURCHASE AGREEMENTS WHEN COLLATERALIZED BY SECURITIES AS SET FORTH IN THIS SECTION.

S. 1282--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1282 -- Senators Doar, Garrison and Horace C. Smith: A BILL TO AMEND SECTIONS 46-10-120 AND 46-10-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO DELETE REQUIREMENTS FOR ADDITIONAL REFERENDA, TO PROVIDE FOR AN ASSESSMENT OF TEN DOLLARS AN ACRE FOR THE ERADICATION PROGRAM, AND TO PROVIDE FOR CHANGES IN THE ASSESSMENT AND THE DURATION OF THE PROGRAM.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0106R), which was adopted.

Amend the bill, as and if amended, by striking the last paragraph of Section 46-10-120 as contained in SECTION 1 and inserting:

Upon termination of the time specified in the last referendum, the commission shall establish an assessment, not to exceed eight dollars an acre, to cover suppression and containment costs on all cotton acreage within the eradication area as long as a containment program is necessary. This assessment and program duration is subject to change when petitioned by ten percent of the commercial cotton producers of this State.

Amend the bill further, by striking Section 46-10-130 as contained in SECTION 2 and inserting:

"Section 46-10-130. Each commercial applicator in this State is assessed an annual uniform fee determined by the commission not to exceed eight dollars an acre subject to change as provided in Section 46-10-120. The assessment must be utilized by the commission to carry out the provisions of this chapter. The funds must be remitted promptly to the organization certified according to this chapter under terms and conditions the commission considers necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests. The certified organization must provide to the division an annual audit of its accounts performed by a certified public accountant. The assessments collected by the commission under this chapter are not state funds."

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1281--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1281 -- Senators Long, Doar, Peeler, Waddell and Garrison: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 SO AS TO CREATE THE AQUACULTURE PERMIT ASSISTANCE OFFICE AND TO PROVIDE FOR ITS POWERS AND DUTIES.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0105R), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Title 46 of the 1976 Code is amended by adding:

"CHAPTER 51
Aquaculture Permit Assistance Office

Section 46-51-10. There is created within the Department of Agriculture an Aquaculture Permit Assistance Office. A permit facilitator shall be designated by the Commissioner of Agriculture to carry out the functions of the Aquaculture Permit Assistance Office. The permit facilitator shall provide a potential aquaculturalist with such information, services and assistance as may be necessary including but not limited to:

(1) assistance in obtaining all permits from the various permitting agencies required to operate an aquaculture operation;

(2) technical assistance from the various state and private agencies and institutions involved in aquaculture research;

(3) assistance throughout the entire permit process and information concerning changes to a state or federal law or regulation which may affect the outcome of a permit application or change the permitting process;

(4) application forms.

Section 46-51-20. Within ninety days after the creation of the office the facilitator shall meet with the commissioner of the Department of Health and Environmental Control, the executive director of the South Carolina Coastal Council, the executive director of the Water Resources Commission, the executive director of the Wildlife and Marine Resources Department, and the executive director of the State Budget and Control Board to establish one application form which must be used by all the permitting agencies when a potential aquaculturalist is seeking permits, licenses, and certifications to begin an aquaculture operation. The permit facilitator shall recognize the value and integrity of the permitting programs of each of the state's regulatory agencies hereinabove enumerated and seek to maintain the division of authority.

Section 46-51-30. An individual seeking to obtain the necessary permits to begin an aquaculture operation shall be directed to the Aquaculture Permit Assistance Office to complete an application and provide all information required by the permitting agencies to process the application and render a decision."

(4) Trafficking means the processing, buying, selling, bartering, trading, exchanging, or offering or exposing for sale, barter, trade, or exchange, or otherwise acquiring or disposing of a species.

(5) Department means the South Carolina Department of Agriculture or its authorized agent.

(6) Product means the meat, organs, flesh, skin, fry, eggs, gametes, fingerlings, or skeleton of a hybrid which is fresh, frozen, dried, smoked, cured, or cooked that is whole or mutilated or parts of them.

(7) Aquaculture means the controlled cultivation of aquatic species in confinement, including breeding, spawning, rearing, and growing out either alone or in combination and trafficking in the species.

(8) Retailer means a person that sells directly to the ultimate consumer, not for resale.

(9) Wholesaler means a person that sells products to licensed retailers, jobbers, dealers, or other wholesalers for resale but does not sell to users or consumers.

(10) Processor means a person that engages in cutting, dressing, mutilating, filleting, freezing, or packaging of products other than those prepared at establishments for serving as food for consumption on the premises.

(11) Distributor means a person including a wholesaler, retailer, or processor who ships, transports, or distributes for market any products.

(12) Ultimate consumer means a person who purchases or receives an aquaculture product for his consumption and not for resale.

(13) Santee-Cooper strain means the genetic strain of striped bass indigenous to the Santee Cooper Lake System of South Carolina.

(14) Business establishment means a location where the trafficking of an approved aquaculture species takes place.

Section 50-16-20. The department may permit the production and sale of reciprocal hybrids in this State by qualified aquaculture operations.

Before engaging in a business of producing or processing reciprocal hybrid, a person shall first obtain a permit from the department for an annual fee of one hundred dollars. A permit required by this chapter must be conspicuously displayed.

Permits issued under this section must include the species utilized, conditions and specifications for aquaculture facilities and ponds, requirements for the possession, taking, holding, transporting, importing, or exporting a reciprocal hybrid, production reporting requirements, and other provisions that the department determines to be necessary. The department and its agents and the South Carolina Wildlife and Marine Resources Department and its agents may inspect all facilities, vehicles, boats, and operations of an applicant or person who has been issued a permit and inspect and sample during business hours a product being possessed, processed, cultured, transported, or offered for sale.

Section 50-16-30. When reciprocal hybrid is sold or transferred between permitted persons, the documentation of the transactions must show the permit number of both parties and the number and total poundage of the product transferred. The documentation must be maintained by both parties for three years.

Section 50-16-40. If a person has in his possession or at his facility a striped bass not certified by the department as to the genetic strain approved for use in this State or a hybrid not approved for use in this State, the species must be destroyed at the discretion of the department. The possessor is responsible for the cost and liability for the destruction and disposal of the illegal product. No striped bass or hybrid may be placed or released into any waters of the State without a permit issued by the department.

Section 50-16-50. (A) Brood stock may be acquired for aquaculture operations from the waters of the State only in the following manner:

(1) Game fish must be taken by hook and line only as described in Section 50-13-10.

(2) The department may restrict the taking of brood stock in an area where competition or interference with department activities may occur.

(3) Daily creel and size limits apply as set forth in this title.

(4) The department must be notified eight hours in advance of the registration of the boats and location of persons attempting to take brood stock.

(5) Only permanent employees or partners of an aquaculture operation may engage in the acquisition of brood stock and no contractors, subcontractors, or temporary employees may engage in or contract to acquire brood stock.

(6) Daily logs showing the number of fish acquired from the waters of the State must be maintained and also must show from which area the fish are harvested.

(7) Only farm-reared (cultured) striped bass may be sold for brood stock to permitted persons only.

(B) Striped bass brood stock or fingerlings originating from out of state must be certified as the Santee-Cooper strain by the department or agencies approved by the department.

(C) Brood stock may be produced from wild or cultured fish.

Section 50-16-60. A person who possesses fingerlings of a reciprocal hybrid shall maintain an invoice showing the person, including permit number, from whom the fingerlings were acquired, the date of sale, the number of fish, and the total poundage of the fish and the species. Invoices must be maintained by the seller and the buyer for three years.

Section 50-16-70. Each shipment of reciprocal hybrid must be accompanied by an invoice or other document showing the identification of the species, date, the number, size, total poundage, and the receiver and the destination, along with the name and address and permit number of the producer and the processor. If live fish or eggs of an approved species are shipped into South Carolina from out of state, the department must be notified eight hours in advance of the date and time of shipment and of other information requested.

Section 50-16-80. Every motor vehicle, boat, or other transporting device owned, leased, or controlled by the permittee and used in the business of aquaculture must have a decal conspicuously attached to it in a manner prescribed by the department. This section does not apply to businesses who are solely common carriers, shippers, distributors, or retailers.

Section 50-16-90. (A) A person engaged in the business of aquaculture shall maintain invoices on all approved aquaculture species which are bought, sold, or transferred. The invoices must be maintained for three years.

(B) A person who produces reciprocal hybrid shall maintain invoices on feed and other supplies for three years.

The department must be notified within twelve hours of a die-off in excess of two hundred fifty fish.

Section 50-16-100. No trafficking in reciprocal hybrid is allowed unless the products are tagged or labeled in the following manner:

(1) Whole or drawn (gilled and gutted) fish which are dead must be individually tagged before being transported from the facility where they are grown.

(2) Fish harvested from permitted facilities may be transported alive in water on properly permitted vehicles to processors without being tagged with eight hours prior notification to the department. All tags or labels must be affixed in the manner prescribed by the department and remain attached until prepared for or by the ultimate consumer.

Section 50-16-110. No person may transfer, alter, damage, deface, tamper with, reuse, counterfeit, or use in a fraudulent manner a tag, document, seal, label, permit, or other instrument required by this chapter.

Section 50-16-120. A person who processes reciprocal hybrid must be permitted by the department and shall maintain invoices on all fish which are bought, sold, transferred, processed, or possessed in his facility. The invoice must show the date, species, number, and poundage of all transactions. The invoice must show the origin and destination of the product including permit numbers. If the processor fillets or mutilates the product, the product must be tagged or sealed as prescribed in this chapter before leaving the processing facility. All invoices must be maintained for three years. The permitted facility shall allow inspection and sampling by the department during business hours.

Section 50-16-130. All retailers, including restaurants, shall advertise aquaculture species as 'farm raised' or a similar designation indicating the origin of the product. Invoices must show the date, species, number, and poundage of the product.

Section 50-16-140. A person who sells reciprocal hybrid for aquaculture shall provide the buyer with an invoice showing his license number, date of sale, species sold, number of fish sold, and total poundages. This section does not apply to a retail business which sells the product directly to the ultimate consumer. No business establishment may store or possess reciprocal hybrid unless the tags or labels are affixed to them, but restaurants and businesses engaged in the lawful sale of reciprocal hybrid may offer approved products for sale if the labeled containers or tagged carcasses are retained until the time of sale to the ultimate consumer.

Sealed containers containing twenty pounds or less of product must be labeled.

All tags or labels must be affixed in the manner prescribed by the department and must remain attached until prepared by or for the ultimate consumer.

Section 50-16-150. A person outside of the State is required to obtain an aquaculture permit before he sells, ships, or causes to be shipped into the State reciprocal hybrid. A person who sells or ships reciprocal hybrid to a person in South Carolina shall meet all requirements for sale. The department must be notified eight hours in advance of a shipment coming into the State of live reciprocal hybrid or eggs of reciprocal hybrid including the name and permit number of the receiver. The out-of-state permittee shall retain copies of all invoices showing date received, poundage, number, and the receiver for three years. The permittee agrees to inspection during business hours.

Section 50-16-160. A person who transports reciprocal hybrid is required to possess an invoice showing the number and the poundage of product possessed. If the person transporting or possessing reciprocal hybrid is a common carrier or trucking company he shall possess a bill of lading showing the shipper and receiver and their aquaculture permit number. A person receiving for shipment or possessing reciprocal hybrid agrees to inspection and sampling by the department. The carrier of reciprocal hybrid agrees to inspection by his acceptance of the product for shipment. A person receiving for shipment reciprocal hybrid shall maintain invoices and bills of lading for three years. No person may ship or transport a product unless the product is tagged properly or labeled as prescribed by this chapter.

Section 50-16-170. It is unlawful for a person to possess a tag or label required by this chapter unless it is attached to the product for which it is designed. However, this section does not apply to the aquaculturist or the processor.

Section 50-16-180. No person may traffick in striped bass or its hybrids or product under the guise of an aquaculture operation by removing that species from the wild or from private waters not permitted as or for aquaculture operations.

Section 50-16-190. No person may transfer, damage, vandalize, poison, steal, or attempt to tamper, damage, vandalize, poison, or steal the products or facilities of a permitted aquaculturist. No person may cast or cause to be cast poison, impurities, or other substances which are injurious to reciprocal hybrid, into the waters or water supply for a permitted aquaculture facility. No person may attempt to impair or impede an aguaculturist or his employees while in pursuit of lawful activities associated with aquaculture.

Section 50-16-200. The penalties for violating the provisions of this Chapter are as follows:

For a first offense violation of any Section, except Section 50-16-40, or if the money or other consideration exchanged for the product is of a value of two hundred dollars or less, the penalty must be a fine of not more than two hundred dollars or imprisonment for no more than thirty days. If the money or other consideration exchanged for the product is of a value of more than two hundred dollars, the penalty must be a fine of not less than five hundred dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than one year, or both. In addition, if the money or other consideration is of a value of more than two hundred dollars, there is a penalty of twenty-five dollars per fish or part thereof and the person convicted shall lose his aquaculture permit and all hunting and fishing privileges for one year from the date of conviction.

For a second offense violation of any Section, except Section 50-16-40, the fine must be not less than one thousand dollars nor more than five thousand dollars or imprisonment for not less than thirty days nor more than one year. In addition, there is a penalty of twenty-five dollars per fish or part thereof and the person convicted shall lose his aquaculture permit and all hunting and fishing privileges for three years from the date of conviction.

For a third or subsequent offense or for any violation of Section 50-16-40, the fine must be five thousand dollars, no part which may be suspended, or imprisonment for one year, or both. In addition, there is a penalty of twenty-five dollars per fish or part thereof and the person shall lose his aquaculture permit and all hunting and fishing privileges for three years from the date of conviction. Also, all equipment used in the operation of the business must be forfeited to the department. Any items forfeited may be utilized or sold by the department as it considers appropriate and the proceeds of all fines and forfeitures and the permit fees provided for in Section 50-16-20 must be used to support the Aquaculture Inspection and Enforcement Program of the department.

SECTION 3. This act shall take effect upon approval of the Governor.

Amend title and renumber sections to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3833--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3833 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURCHASES OF ADDITIONAL SERVICE CREDIT BY MEMBERS OF THE STATE RETIREMENT SYSTEM WITH AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE, SO AS TO PROVIDE AN ALTERNATIVE OPTIONAL METHOD UNDER WHICH THESE MEMBERS ARE AUTHORIZED TO PURCHASE ADDITIONAL SERVICE CREDIT, AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM, BY ADDING SECTION 9-11-65 SO AS TO MAKE THE ABOVE OPTION ALSO AVAILABLE TO MEMBERS OF THIS SYSTEM UNDER SPECIFIED CONDITIONS.

Rep. T. ROGERS moved to adjourn debate upon the Bill until Wednesday, May 11, which was rejected.

Rep. T. ROGERS explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. T. ROGERS having the floor.

S. 1147--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1147 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Amend the bill, as and if amended, by striking subitem (B) of Section 12-43-220(d)(2), as contained in Section 1, page 2, beginning on line 44 and inserting:

/(B) Reassessment of crop land following any adjustment in the formula determining fair market value for agricultural use of the crop land required pursuant to Regulation 117-126 of the South Carolina Tax Commission may not result in more than a fifty percent reduction in the fair market value for agricultural use of the crop land from its value in taxable year 1987 subject to the following limitations:

(i) Reassessment may not reduce the value of any crop land valued at less than one hundred dollars an acre in taxable year 1987;

(ii) Reassessment may not reduce the value of any crop land valued at one hundred dollars an acre or more in taxable year 1987 below one hundred dollars an acre./

Amend title to conform.

Rep. E.B. McLEOD explained the amendment.

Rep. G. BROWN spoke in favor of the amendment.

Rep. WILKINS moved that the House do now adjourn, which was adopted by a division vote of 48 to 34.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 3, Rep. G. BROWN having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4247 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. JAKE BUDDIN OF CLARENDON COUNTY UPON BEING NAMED THE "OUTSTANDING YOUNG AMERICAN" IN THE AREA OF COMMUNITY SERVICE FOR 1988 BY THE SOUTH CAROLINA JAYCEES.

H. 4248 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. RUTH JONES KING OF CLARENDON COUNTY AND EXPRESSING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4249 -- Reps. Wells, Cole, Davenport, Edwards, Ferguson, Lanford, McGinnis and Petty: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS, FACULTY, AND ADMINISTRATORS OF WOODLAND HEIGHTS ELEMENTARY SCHOOL OF SPARTANBURG DISTRICT 6 IN SPARTANBURG COUNTY ON ITS TWENTY-FIFTH ANNIVERSARY OF SERVICE TO THE SPARTANBURG COMMUNITY.

ADJOURNMENT

At 12:59 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.